Terms & Conditions
WEISS UK Ltd – Terms & Conditions
Quotations do not constitute contractual offers but remain open to an offer for a period of 30 days. An offer or order is not deemed to be accepted until confirmed by the Company.
2. DELIVERY & DESPATCH
A) Delivery time will commence from receipt of order, payment of deposit and clarification of technical specification.
B) Delivery shall be deemed to take place at the moment when the goods are passed onto a transport company for delivery to the customer.
When carriage is to be arranged by the customer, carriage must be arranged as soon as possible after the Company has given notice that the consignment is ready and in any event within 7 days of such notice.
C) Estimated delivery dates (if any) are given in good faith but are not binding and time of delivery shall not be of the essence of the contract.
D) Where the contract provides for delivery by instalments (whether or not on specified dates) and the customer fails to take delivery of an instalment, the Company shall not be bound to make up such instalment according to any informal or binding scheduled programme or time table.
E) If the Company is prevented from delivering part of the goods by reason of any of the matters referred to in clause 2 (B) hereof the Company shall deliver and the customer shall take such part of the goods as the Company shall at the time fixed for delivery be able to deliver.
F) Delivery may be made by instalments and failure by the customer to accept or pay for any instalment may be treated by the Company as a repudiation of the contract.
G) The customer may not refuse to take or accept delivery of any consignment on account of any alleged failure shortage or defect in any other delivery.
3. FORCE MAJEURE
If the Company is prevented or hindered from carrying out its obligations under the contract by circumstances beyond its reasonable control including, but without prejudice to the generality of foregoing, war, revolution, rebellion, lock-outs, strikes, shortened hours of labour, cessation of labour, transport delays, breakdown of plant or Governmental or other laws, regulations, rules or decrees (such circumstances being herein referred to as Force Majeure), the Company shall not in any event be liable for loss, damage or any delay occasioned thereby.
If the customer fails to accept delivery or to collect the goods within 7 days of notice as foresaid (whichever may be the case) the Company at its own initiative (and without prejudice to any rights against the customer) or at the request of the customer may store the goods at the risk of the customer and the customer shall pay upon demand the reasonable storage costs of the Company, and all other expenses involved including costs of re-delivery and the goods may be re-invoiced at the rates ruling at the date of despatch.
Unless otherwise stated prices do not include the costs of carriage, packaging and insurance this shall be chargeable to the customer.
Customer shall pay the agreed purchase price as detailed in the quotation. The quotation is valid for a period of 30 days from the date shown on the quotation. Value Added Tax where applicable shall be shown separately on all invoices as an extra charge.
Unless otherwise stated or agreed in writing the payment terms will be 40% deposit with order and 60% final payment 30 days after delivery.
All due invoices will be submitted for payment in line with the above. Any invoices outstanding beyond the above period will be referred to a Debt Recovery Company and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
If the customer fails to make a payment by the due date then, without prejudice to any other rights of the Company:-
A) The Company shall be entitled to suspend all or any other deliveries to be made whether under that or any other contract with the customer.
B) The Company shall be entitled to treat the contract or any other contract with the customer as having been terminated by the customer, and to claim damages for breach of contract accordingly.
Property in and title to the goods shall not pass to the customer until the goods have been paid for in full. In the case of any default in payment the Company may without prejudice to its other rights, take and retain possession of any goods for which full payment has not been made and the Company’s liability for the sale of such goods will thereupon cease.
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller the buyer for which payment of the full price of the goods thereunder has not been paid.
Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
The customer shall be deemed to have received, inspected and accepted the goods as satisfactory and complete in all respects unless written notice of any alleged non-delivery shortage or defect is received by the Company within 7 days from the date of delivery.
A) The Company shall be given every facility to examine goods the subject of complaint.
B) The Company warrants that the goods are manufactured in a workman like manner of merchantable quality and are reasonably fit for any purpose expressly mentioned in the contract but shall not be liable for the goods failing to achieve any particular standard of performance not detailed on the Machine Dimension Specification Sheet.
C) The Company shall not be liable for loss of profit, injury or damage or any consequence or special loss or damage sustained by the customer howsoever arising other than for death or personal injuries arising from the negligence of the Company or its employees.
D) Subject as aforesaid all conditions and warranties whether expressed or implied and whether arising by statute, custom of the trade or, at common law, are excluded.
E) Subject to receipt of notice under condition 9 the Company may at its option either replace or make up or make good free of charge any goods accepted by the Company being incomplete or defective or may refund the price or give credit therefore.
A) The Company shall supply the equipment as specified on the Machine Dimension Specification Sheet. This sheet must be completed and signed by the customer and accompany the official order.
B) The Company shall not be responsible or liable in respect of goods produced in accordance with the customer’s specification and the customer will indemnify the Company from and against all liability actions proceedings costs claims and demand damage expenses loss or injury in respect thereof howsoever arising.
The customer shall indemnify the Company from and against all liability, loss, damage, injury, costs, expenses, claims and demands arising from any cause other than negligence or breach of contract by the Company.
14. DOCUMENTS AND DRAWINGS
Sketches, drawings, quotations and any other documents supplied by the Company shall remain the property of the Company and shall not be communicated to third parties.
15. TERMINATION, BUYERS DEFAULT OR INSOLVENCY
Without prejudice to any of its other rights the Company may, without liability, terminate the contract forthwith by notice in writing to buyer or suspend further deliveries if:-
A) The customer shall commit any breach of this or any other contract with the Company including failure to make any payments on the due dates.
B) If being an individual the customer shall die or have a receiving order made against him or commit any act of bankruptcy or become insolvent. In such event it shall be lawful for the seller to enter the premises where the supplied goods are situated and take repossession.
C) Being a company the customer shall call any meeting of its creditors or have a receiver of all or any of its assets appointed or enter into liquidation or become subject to a winding-up order of the court. In such event it shall be lawful for the seller to enter the premises where the supplied goods are situated and take repossession.
D) The customer compounds with or negotiates for any composition with its creditors or permits any judgment against it to remain unsatisfied for 7 days.
E) If any distress execution or other legal process shall be levied upon the customer.
F) Any warranty of goods shall become null and void should the buyer enter into liquidation or become subject to a winding-up order of the court, if the goods have not been paid for in full by either the purchaser or end user.
16. WARRANTY PERIOD
A) Seller shall as soon as reasonably practicable replace goods which are or become defective during the period of twenty four months from delivery or unless otherwise expressly stated in the contract, where such defects occur under proper usage and are due to faulty components. Seller’s erroneous instructions as to sue erroneous use date, or inadequate or faulty materials or workmanship, or any other breach of seller’s warranties expressed or implied. Replacements shall themselves be subject the foregoing obligations for a period of twelve months from the date of delivery unless otherwise stated in the contract. Seller should not in any event be liable for damages in respect of loss of production or of profits resulting from defects.
B) The warranty will become null and void should the goods not have been paid for in full by either the purchaser or if passed on, paid for in full by the end user.
The contract between the Company and the customer shall be governed in all respects by English Law and the customer shall submit to the jurisdiction of the English Courts.